Appellate Division: Second Judicial Department

M298080

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-11997 In the Matter of Joseph Brownstein, appellant, v Destenie Suarez, respondent. (Docket Nos. V-2505-2020/2023A, O-555-2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Orange County, dated November 13, 2023. Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated April 10, 2024, which dismissed the appeal for failure to comply with a scheduling order of this Court, to reinstate the appeal, and to extend the time to perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on motion of this Court dated April 10, 2024, and to reinstate the appeal are granted, the decision and order on motion of this Court dated April 10, 2024, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellants brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until August 28, 2024.

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court